The following words, terms, and phrases, and their derivations, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
a. "Charitable" means and includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
b. "Contributions" means and includes the word alms, money, subscription, property or any donations under the guise of a loan or money or property.
c. "Department" means the Police Department.
d. "Chief' means the Police Chief.
e. "Peddler" means any person who goes upon the premises of any private residence in the Village, not having been invited by the occupant thereof, carrying or transporting goods, wares, merchandise or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
f. "Peddling" includes all activities ordinarily performed by a peddler as indicated under subsection (e) hereof.
g. "Person" means a natural person or any firm, corporation, association, club, society or other organization.
h. "Solicitor" means any person who goes upon the premises of any private residence in the Village, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery, or for services to be performed in the future. This definition also includes any person who, without invitation, goes upon private property, to request contribution of funds or anything of value, or sell goods or services for political, charitable, religious, or other noncommercial purposes.
i. "Solicitation" includes all activities ordinarily performed by a solicitor as indicated under subsection (h) hereof.
(Ord. 1999-7. Passed 2-8-99.)
830.02 PROHIBITION OF DOOR-TO-DOOR SOLICITATION.
The practice of going in and upon private residences in the Village, by solicitors, peddlers, hawkers, itinerant merchants and transient vendors of merchandise not having been requested or invited to do so by the owner or owners, occupant or occupants of such private residences for the purpose of soliciting orders for the sale of goods, wares, services, merchandise, periodicals and other articles or publications and/or disposing of and/or peddling or hawking the same is hereby declared to be a nuisance and punishable as provided in Section 830.99. (Ord. 1999-7. Passed 2-8-99.)
830.03 EXEMPTIONS.
The prohibitions contained in this chapter shall not apply to any person selling or delivering newspapers, to any duly authorized solicitor soliciting the purchase of goods, wares, merchandise or gifts for or on behalf of any recognized educational, civic, religious or charitable organization nor to any person specifically exempted by law, except as to those provisions contained in this chapter relating to registration requirements of those hereby permitted to conduct such solicitations.
(Ord. 1999-7. Passed 2-8-99.)
830.04 PERMIT APPLICATION.
Every person subject to the provisions of this chapter shall file with the Chief an application in writing on a form to be furnished by the Department, which shall provide the following information:
a. Proof of age, address and identification of the applicant, to be provided through the applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form of identification;
b. A brief description of the business or activity to be conducted;
c. The hours and location for which the right to peddle or solicit is desired;
d. If employed, the name, address and telephone number of the employer; or if acting as an agent, the name, address and telephone number of the principal who is being represented, with credentials in written form establishing the relationship and the authority of the employee or agent to act for the employer or principal, as the case may be;
e. A statement as to whether or not the applicant has been convicted of a felony, misdemeanor or ordinance violation (other than traffic violations), the nature of the offense or violation, the penalty or punishment imposed, the date when and place where such offense occurred, and other pertinent details thereof;
f. Proof of possession of any license or permit which, under federal, state or local laws or regulations, the applicant is required to have in order to conduct the proposed business, or which, under any such law or regulation, would exempt the applicant from the licensing requirements of this chapter; and
g. Two (2) photographs of the applicant which shall have been taken within sixty (60) days immediately prior to the date of filing of the application. The photographs shall measure two inches by two inches (2" x 2") and show the head and shoulders of the applicant in a clear and distinguishing manner (Ord. 1999-7. Passed 2-8-99.)
830.05 FEES.
At the time the application is filed with the Department, the applicant shall pay a fee to cover the cost to the Village of processing the application and investigating the facts stated therein. The permit fee shall be fifty dollars ($50.00) for each solicitor or peddler.
(Ord. 1999-7. Passed 2-8-99.)
830.06 APPLICATION REVIEW AND PERMIT ISSUANCE.
a. Upon receipt of an application, the Chief, or authorized representative, shall review the application as deemed necessary to ensure the protection of the public health, safety and general welfare.
b. If the Chief finds the application to be satisfactory, the Chief shall endorse his approval on the application and shall, upon payment of the prescribed fee, deliver the required permit to the applicant.
c. The permit shall show the name, address and photograph of the permittee, the class of permit issued, the kind of goods or services to be sold or delivered, the date of issuance, and the length of time that the permit shall be in effect. The permit shall also show the permit number and identifying description of any vehicle to be used in carrying on the business for which the permit is issued.
d. A record of all permits issued shall be maintained by the Department for a period of two (2) years.
(Ord. 1999-7. Passed 2-8-99.)
a. Upon the Chief's review of the application, the Chief may refuse to issue a permit to the applicant under this chapter for any of the following reasons:
1. The location and time of solicitation or peddling would endanger the safety and welfare of the solicitors, peddlers or their customers;
2. An investigation reveals that the applicant falsified information on the application;
3. The applicant has been convicted of a felony, misdemeanor or ordinance violation involving a sex offense, trafficking in controlled substances, or any violent acts against persons or property, such conviction being entered within the five (5) years preceding the date of application;
4. The applicant is a person against whom a judgment based upon, or conviction for, fraud, deceit or misrepresentation has been entered within the five (5) years immediately preceding the date of application;
5. There is no proof as to the authority of the applicant to serve as an agent to the principal; or
6. The applicant has been denied a permit under this chapter within the immediate past year, unless the applicant can and does show to the satisfaction of the Chief that the reasons for such earlier denial no longer exist.
b. The Chief's disapproval and the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his application is disapproved and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form, or at the applicant's last known address.
(Ord. 1999-7. Passed 2-8-99.)
830.08 PERMIT EXPIRATION.
All permits issued under the provisions of this chapter shall expire one (1) year from the date of issuance, unless an earlier expiration date is noted on the permit.
(Ord. 1999-7. Passed 2-8-99.)
830.09 IDENTIFICATION BADGES.
At the same time the permit is issued, the Chief shall issue to each permittee a badge, which shall be worn by the permittee in such a way as to be conspicuous at all times while the permittee is soliciting or peddling in the Village.
(Ord. 1999-7. Passed 2-8-99.)
830.10 PERMIT EXHIBITION.
Every person required to obtain a permit under the provisions of this chapter shall exhibit the permit when requested to do so by any prospective customer or Department employee.
(Ord. 1999-7. Passed 2-8-99.)
830.11 TRANSFER PROHIBITED.
It shall be unlawful for any person other than the permittee to use or wear any permit or badge issued under the provisions of this chapter.
(Ord. 1999-7. Passed 2-8-99.)
830.12 ENTRY UPON SIGNED PREMISES UNLAWFUL.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the business of a peddler or solicitor to enter upon any residential premises in the Village where the owner, occupant or person legally in charge of the premises has posted, at the entry to the premises, or at the entry to the principal building on the premises, a sign bearing the words "No Peddlers," "No Solicitors," or words of similar import.
(Ord. 1999-7. Passed 2-8-99.)
830.13 HOURS OF SOLICITATION.
No person, while conducting the activities of a peddler or solicitor, whether licensed or unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in their residences between the hours of 8:00 p.m. and 9:00 a.m. Solicitation is prohibited altogether on Sundays.
(Ord. 1999-7. Passed 2-8-99.)
830.14 PERMIT REVOCATION.
Any permit issued under this chapter may be revoked or suspended by the Chief after notice and hearing, for any of the following reasons:
a. Fraud, misrepresentation or false statement contained in the application for a permit;
b. Fraud, misrepresentation or false statement made by the permittee in the course of conducting solicitation or peddling activities;
c. Conducting peddling or solicitation activities contrary to the provisions contained in the permit;
d. Conviction for any crime involving moral turpitude; or
e. Conducting peddling or solicitation activities in such a manner as to create a public nuisance, constitute a breach of the peace or endanger the health, safety or general welfare of the public.
(Ord. 1999-7. Passed 2-8-99.)
830.15 NOTICE AND HEARING.
Notice of a hearing for revocation of a permit issued under this chapter shall be provided in writing and shall set forth specifically the grounds for the proposed revocation and the time and place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown on the permit application or at the last known address of the permittee. (Ord. 1999-7. Passed 2-8-99.)
830.16 APPEALS.
a. Any person aggrieved by the action or decision of the Chief to deny, suspend or revoke a permit applied for under the provisions of this chapter shall have the right to appeal such action or decision to the Mayor within fifteen (15) days after the notice of action or decision has been mailed to the person's address as shown on the permit application form, or to his last known address.
b. An appeal shall be taken by filing with the Chief a written statement setting forth the grounds for the appeal.
c. The Chief shall transmit the written statement to the Mayor within (10) days of its receipt and the Mayor shall set a time and place for a hearing on the appeal.
d. A hearing shall be set no later than twenty (20) days from the date of receipt of the appellant's written statement.
e. Notice of the time and place of the hearing shall be given to the appellant in the same manner as provided for the mailing of notice of action or decision.
f. The decision of the Mayor on the appeal shall be final and binding on all parties concerned. (Ord. 1999-7. Passed 2-8-99.)
830.17 EXEMPTION FROM PERMIT REQUIREMENTS.
The following are exempted from the provisions of this chapter:
a. Any solicitation made upon premises owned or occupied by an organization upon whose behalf the solicitation is made;
b. Any communication by an organization soliciting contributions solely from persons who are members of the organization at the time of such solicitation;
c. Any solicitation in the form of a collection at a regular meeting, assembly or service of a charitable person; or
d. Any solicitation for the relief of any individual specified by name at the time of the solicitation where the solicitor represents in each case that the entire amount collected shall be turned over to the named beneficiary.
(Ord. 1999-7. Passed 2-8-99.)
830.18 SEVERABILITY.
The provisions of this chapter are declared to be severable. If any section, sentence, clause, or phrase of the chapter shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decisions shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this chapter, but they shall remain in effect; it being the legislative intent that this chapter shall remain in effect notwithstanding the validity of any part.
(Ord. 1999-7. Passed 2-8-99.)
830.99 PENALTY
a. Violation of any of the provisions of this chapter shall be treated as an infraction, and shall, upon conviction, be punishable as a third degree misdemeanor for a first offense and as a first degree misdemeanor for any subsequent offenses.
b. In addition to any criminal enforcement, the Village or any individual may pursue any available civil remedies deemed appropriate and necessary.
(Ord. 1999-7. Passed 2-8-99.)
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